May 20, 2016
Stopping Product Diversion Is the Key to Enforcing Your MAP Policy
Stopping Product Diversion is becoming increasingly important for brands due to the continued growth of e-commerce and online marketplaces. It is key to ultimately being able to successfully enforcing a MAP policy. Minimum advertised price policies, or MAP policies, are intended to limit the ...
May 9, 2016
Placing Tracking Codes on Products to Combat Unauthorized Online Sales and Product Diversion
In general, the First Sale Doctrine permits a person to sell another’s genuine trademarked goods. However, a failure to abide by or follow a company’s quality controls can give rise to trademark infringement. Placing tracking codes on products can play an integral part in enforcing against ...
April 28, 2016
Gaining a Competitive Advantage by Stopping Unauthorized Internet Sellers
E-commerce sales continue to increase. In fact, according to data released by the U.S. Department of Commerce in early 2015, online retail sales in the United States totaled nearly $305 billion. This marked an increase of more than 15 percent since 2013. Unfortunately some of this growth is ...
April 12, 2016
How Brands are Responding to Product Diversion and Unauthorized Online Sales
Many companies tell authorized sellers or consultants that they will sell their products exclusively through them. Such companies might also have written policies against product diversion and unauthorized online sales. This looks good for purposes of marketing and trying to convince ...
March 31, 2016
Brands Must Police Trademark Infringement on eBay and Other Sites Themselves
If a company suspects that an online seller is engaged in the unauthorized re-selling of its products on websites like eBay, it is up to that company to take action. The brand will need to attempt to enforce their policies and procedures -- to the extent that it has any. While third-party ...
March 16, 2016
How a Company Operates Can Impact Whether It May Have Legal Claims Against Unauthorized Dealers
Unauthorized dealers and online sellers have become very problematic for many businesses. Such sales can affect those offering high-end luxury products, companies selling salon or skin care products and also multi-level marketing (or MLM) companies. While not an ideal problem to have, affected ...
February 16, 2016
A Zero Tolerance Policy to Prevent Product Diversion and to Stop Unauthorized Sales
Companies seeking to stop and prevent product diversion should consider adopting zero tolerance policies. In essence, a zero tolerance policy amounts to using actual consequences to mold authorized distributors’ behaviors. The goal of an anti-diversion policy is deterring authorized ...
February 2, 2016
Strategies for How to Stop Grey Market Sales Online
Grey market goods generally refer to items manufactured in one country and imported into another without the trademark owner's consent. Often referred to as parallel imports, grey market goods can be problematic for businesses. Specifically, those that take steps to prohibit importation into ...
January 25, 2016
How to Detect and Stop Counterfeit Online Sales From Damaging Your Brand
Most consumers are unable to distinguish the average counterfeit product from a legitimate product. In fact, according to a recent study, nearly one in four consumers have unknowingly been a victim of counterfeit online sales activity and bought a counterfeit product on the internet. Thus, the ...
January 19, 2016
Anti-Diversion Efforts vs. New York Warranty Law
Trademark law is one of the key tools for stopping unauthorized sellers. When an unauthorized seller offers products that are materially different than genuine products, it may infringe the company’s trademark. Many businesses have a warranty or guarantee that only apply to products bought ...
Filter By Categories
Filter By Marketplaces
Featured Blog Posts
- Marketplace Pulse’s “Marketplaces Year in Review 2019” Emphasizes Amazon’s Growth
- Netflix docuseries Broken highlights prevalence of counterfeit cosmetics products on online marketplaces
- Amazon Creates a Cost-Effective and Efficient Patent Infringement Remedy for Infringing Products Sold on its Marketplace by Third Parties
- U.S. Customs and Border Protection Office of Trade Releases Annual Report on Seizure of Goods Infringing U.S. Intellectual Property Rights
- Vorys eControl Featured in November Issue of Columbus CEO
- Vorys eControl to Host Inaugural eControl360 Summit This Week